# Harris v. . Brown > Supreme Court of North Carolina · December 23, 1898 · 123 N.C. 419 URL: https://www.frixlaw.com/law-library/cases/9809857 ## Case - **Full name:** Hugh W. Harris, Administrator De Bonis Non of Mrs. M. M. Williams v. John D. Brown. - **Court:** Supreme Court of North Carolina - **Decided:** December 23, 1898 - **Citations:** 123 N.C. 419; 31 S.E. 877; 1898 N.C. LEXIS 90 - **Precedential status:** Published - **Opinion:** Concurrence by Montgomery - **Judges:** Eaibcloth, Montgomery, Douglas - **Cited by:** 6 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9809857 ## Opinion text Montgomery, J , concurring: I concur in the opinion of the Court that the judgment ought to be affirmed. And this for the reason that the defendant ought to relieve himself entirely of his purchase of the land and without tendering the amount he really owed after the allowance of his counterclaim set up in his answer. The case of Everett v. Reynolds, 114 N. C., 367 , does not apply in this case, in my opinion, for the reason *425 that the heirs at law themselves in that case who were not parties to the proceedings at the time of the confirmation of the sale, made the motion after becoming parties to set aside the decree of confirmation for irregularity. The Court held that as they had not shown that they had been injured, the decree of confirmation would not be disturbed. In the case before us, the heirs at law of Withers, one of the owners of the land, who were infants at the time of the decree of confirmation have not been heard from. They may yet claim injury growing out of the decree of confirmation. The decision of the Court in this case binds them before a hearing. --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9809857. Public record. Not legal advice.